Last updated: March 15th 2018
- This Service
The ESwap application is provided by Ghost Services Ltd (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
- Registration and Account Integrity
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
- Pricing, Plans and Features
4.1 For current pricing and plans please see the pricing page located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
4.3 We offer two levels of contract either a rolling monthly access (called monthly) and annual contract (called annual). When signing up to the annual contract, you are committing to pay for the service for at least 12 months.
4.4 When signing up to ESwap, all new customers will be charged a set-up fee (also referred to as an “on-boarding fee”). The cost of the set-up fee varies depending on each pricing plan, per our pricing page. The set up fee is non-refundable, and required to be paid in full before we start the on-boarding process.
- Payment and Credit Control
5.1 All services are billed monthly in advance.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary (unless the account holder has requested to cancel prior to this date).
5.4 It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.
5.5 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
6.1 You many cancel your account or accounts at any time.
6.2 Cancellation should be done by completing the cancellation form*, which can be obtained by sending an email to mailto:[email protected]
*Please note that the cancellation process will not be triggered until a completed cancellation form has been received by us.
6.3 Cancellation by any other means, including (but not limited to) telephone call, fax, text or instant message is not valid.
6.4 No refunds will be provided for remaining unused days under a monthly account or annual accounts.
6.5 For 12-month accounts (called annual) cancelled within the first 12 month will need to continue paying until the 12 months has expired. No refund will be offered for days remaining in the month of cancellation.
- Upgrading or Downgrading Accounts
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 Users should backup and download their data prior to requesting a downgrade in service.
7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.
7.6 In the case 12-month accounts (where offered) no refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.
7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
- Trial and Offer Periods
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.
8.3 These Terms and Conditions apply to all trial or offer period accounts.
- Technical Support
9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full technical support service to free or trial account users.
- Specific Service Rules
10.1 As a user you agree not to do any of the following:
- Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by other users in a way that they would object to.
- Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
- Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
- To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
- Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
- Content Ownership
11.1 As a user you retain all ownership rights to content provided by you.
11.2 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
- Copyrighted Material
12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
- Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
- Access and Backups
15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
15.2 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
16.1 We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service.
16.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
- Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
- Communication Preferences
20.1 The personal information you supply ESwap may be used either for marketing purposes or for us to communicate new features within our product.
20.2 You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails.
20.3 Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at [email protected]
20.4 We will never share your data with any third parties without your explicit prior consent.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
- Use of third party services
24.1 As part of the implementation service, we may recommend the use of third parties for specific development or integrations required by you.
24.2 We are not responsible for any issues or delays with any third-party technology, information and/or services and will not be liable for those issues.
24.3 You are entitled to introduce to us another third party development agency with who you already have an existing relationship.
“Cookies” are small data files that may be placed on the hard drive of your computer when you visit the ESwap site or a ESwap Client site powered by ESwap. Cookies permit the ESwap server to identify your browser whenever you interact with the ESwap site or a ESwap Client site powered by ESwap.
These cookies may be placed by ESwap or by select third party partners we collaborate with. To learn more or to opt out of placement of these cookies, visit the Network Advertising Initiative website or Digital Advertising Alliance website. You are always free to set your browser software to decline cookies.
However, if you decline cookies, you will be required to reenter your login information each time you access the Services, and you may not be able to optimise the features of the Services. In some cases, you will not be able to access Services if cookies are disabled.
By agreeing to accept cookies from ESwap’s site or a ESwap Client site powered by ESwap, the following types of cookies could be placed on your computer. Social Media Cookies: These cookies are used to integrate our site with popular social media sites (Facebook, Twitter, etc.).
Social Media cookies allows visitors to share content quickly and easily with their social networks. Analytics Cookies: These cookies are used to measure website traffic and activity.
Advertising Cookies: These cookies help correlate online advertising to a visitor’s interests by displaying marketing messages that are relevant to a user based on a user’s browsing history and preferences.